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UNCORRECTED PROOF OF THE
JOURNAL OF THE SENATE.


Seal of the Commonwealth of Massachusetts

JOURNAL OF THE SENATE.

Thursday, April 15, 2010.

Met according to adjournment at one o’clock P.M. (Mr. Rosenberg in the Chair).

Distinguished Guests.

There being no objection, during consideration of the Orders of the Day, several guests were recognized, as follows:

The President handed the gavel to Ms. Spilka for the purpose of an introduction. Ms. Spilka then introduced a group of people visiting from Greece. Dimitris Kyriakides was the son of the 1946 Boston Marathon Champion, Stylianos Kyriakides. He was accompanied by his wife Fay. Dimitris is a tireless promoter and supporter of the sport of marathoning around the world and carries with him the Flame of Marathon, which is an eternal symbol of peace, comradeship, collaboration and cultural exchange. Also visiting from Greece was Spyros Zagaris, Mayor of Marathon and his wife Dina, Aikaterini Tsantouli-Kalemi, Deputy Mayor of Marathon, and her daughter Anna Maria. They were accompanied by Representative Dykema of Holliston, Tim Kilduff, Executive Director of the Hopkinton Athletic Association, Constantinos Orphanides, the Consul General of Greece in Boston and members of the Hopkinton Board of Selectmen. The group was visiting the State House to celebrate the 2500th anniversary of the Battle of Marathon in Greece.

The Chair (Mr. Rosenberg) handed the gavel to Mr. Knapik for the purpose of an introduction. Mr. Knapik then introduced Professor Donald Brand of the College of the Holy Cross with students from his class, “Congress and the Legislative Process”. The Senate welcomed them with applause and they withdrew from the Chamber.

Petition.

Mr. Rosenberg presented a petition (subject to Joint Rule 12) of Stanley C. Rosenberg and Christopher J. Donelan, for legislation to change the use of a certain parcel of land in the town of Greenfield.
Under Senate Rule 20, referred to the committees on Rules of the two branches, acting concurrently.

Reports of Committees.

By Mr. Montigny, for the Senate committee on Bonding, Capital Expenditures and State Assets, that the Senate Bill authorizing the Commissioner of Capital Asset Management and Maintenance to convey certain land in the town of Agawam (House, No. 4289),-- ought to pass, with an amendment substituting a new draft with the same title (Senate, No. 2384);
Referred, under Senate Rule 27, to the committee on Ways and Means.

By Mr. Timilty, for the committee on Public Safety and Homeland Security, on petition, a Resolve providing for an investigation and study by a special commission relative to school safety (Senate, No. 999);
Read and, under Joint Rule 29, referred to the committees on Rules of the two branches, acting concurrently.

By Mr. Timilty, for the committee on Public Safety and Homeland Security, on petition, a Bill providing for HIV testing for at risk police officers (Senate, No. 954);
Referred, under Joint Rule 1E, to the committee on Health Care Financing.

By Mr. Joyce, for the committee on State Administration and Regulatory Oversight, on petition, a Bill to authorize the Commonwealth of Massachusetts to convey a certain parcel of land in Dartmouth (Senate, No. 2198);
Read and, under Senate Rule 26C, referred to the committee on Bonding, Capital Expenditures and State Assets.

By Mr. McGee, for the committee on Labor and Workforce Development, on petition, a Bill promoting fairness for workers requalifying for unemployment insurance (Senate, No. 706) ;
By the same Senator, for the same committee, on petition, a Bill to clarify employer sanctions for improper expenditure of withholdings or deductions from wages (Senate, No. 709);
By the same Senator, for the same committee, on petition, a Bill establishing a Commonwealth citizen service initiative (Senate, No. 713);
By the same Senator, for the same committee, on petition, a Bill relative to posting employment opportunities (Senate, No. 715);
By the same Senator, for the same committee, on Senate Nos. 691 and 726, a Bill employee protection act (Senate, No. 726);
By Mr. Timilty, for the committee on Public Safety and Homeland Security, on petition, a Bill establishing the Massachusetts missing child clearinghouse (Senate, No. 910);
By the same senator, for the same committee, on petition, a Bill relative to changing the hoisting law (Senate, No. 915);
By the same senator, for the same committee, on petition, a Bill relative to missing persons (Senate, No. 918);
By the same Senator, for the same committee, on petition, a Bill improving safety in the Commonwealth (Senate, No. 925, changed by striking out section 3);
By the same Senator, for the same committee, on petition, a Bill prohibiting the confiscation of lawfully owned firearms during a state of emergency (Senate, No. 964);
By the same Senator, for the same committee, on petition, a Bill relative to the creation of the fire prevention regulations appeals board (Senate, No. 983);
By the same Senator, for the same committee, on petition, a Bill to prevent highway rest area crime (Senate, No. 1002);
By the same Senator, for the same committee, on petition, a Bill to limit the powers of rail road police (Senate, No. 1004, changed by striking out in the title, the word “transit” and inserting in place thereof the words “rail road”);
By Mr. Joyce, for the committee on State Administration and Regulatory Oversight, on petition, a Bill providing for cooperative purchasing of renewable energy equipment (Senate, No. 1438);
By the same Senator, for the same committee, on petition, a Bill to promote solar hot water installations (Senate, No. 1450);
By Mr. Morrissey, for the committee on Telecommunications, Utilities and Energy, on petition, a Bill relative to energy efficiency funds generated by municipal lighting plants (Senate, No. 1505); and
By Ms. Chang-Diaz, for the committee on Tourism, Arts and Cultural Development, on petition, a Bill making technical correction to Chapter 258 of the Acts of 2006 (Senate, No. 1875, changed in line 2 by striking out the date “October 1, 2007” and inserting in place thereof the date “October 1, 2010”);
Severally read and, under Senate Rule 27, referred to the committee on Ways and Means.

By Mr. McGee, for the committee on Labor and Workforce Development, on petition, a Bill establishing uniform wage compliance and recordkeeping (Senate, No. 678);
By Mr. Timilty, for the committee on Public Safety and Homeland Security, on petition, a Bill further regulating the issuance of firearm identification cards and licenses to carry firearms (Senate, No. 920);
By the same Senator, for the same committee, on petition, a Bill relative to the safety of law enforcement officers (Senate, No. 921); and
By the same Senator, for the same committee, on petition, a Bill relative to the dissemination of information to private detectives (Senate, No. 1003);
Severally read and, under Senate Rule 26, referred to the committee on Ethics and Rules.

Committees Discharged.

Mr. Berry, for the committees on Rules of the two branches, acting concurrently, reported, asking to be discharged from further consideration of the Senate Order relative to authorizing the joint committee on Labor and Workforce Development to make an investigation and study of certain current Senate documents relative to labor and workforce issues (Senate, No. 2379),-- and recommending that the same be referred to the Senate committee on Ethics and Rules.
Under Senate Rule 36, the report was considered forthwith and accepted.

PAPERS FROM THE HOUSE.

A Bill relative to minimum age requirement for obtaining identification cards (House, No. 4512,- on House, No. 3216), -- was read and, under Senate Rule 27, referred to the committee on Ways and Means.

A Bill exempting the city of Springfield from certain provisions of the General Laws (House, No. 4316-- on petition) [Local approval received],-- was read and, under Senate Rule 26, placed in the Orders of the Day for the next session.

 

There being no objection, at one minute past one o’clock P.M., the Chair (Mr. Rosenberg) declared a recess subject to the call of the Chair; and, at four minutes past two o’clock P.M., the Senate reassembled, the President in the Chair.

The President, members, guests and employees then recited the pledge of allegiance to the flag.

Resolutions.

The following resolutions (having been filed with the Clerk) were severally considered forthwith and adopted, as follows:-

Resolutions (filed by Mr. Kennedy) “congratulating the Coin Collectors Club of Boston on their celebration of National Coin Week”;
Resolutions (filed by Messrs. Kennedy and Donnelly) “urging the United States Congress to continue its support of Veterans Health Administration hospitals in the Commonwealth”;
Resolutions (filed by Messrs. Knapik and Rosenberg) “celebrating William S. Hogan, Jr., President and Chief Executive Officer of Easthampton Savings Bank, on his fortieth anniversary with the Easthampton Savings Bank”;
Resolutions (filed by Mr. Pacheco) “congratulating the Dighton Public Library on its one hundredth anniversary”;
Resolutions (filed by Ms. Spilka, Ms. Creem and Mr. Eldridge) “congratulating the Autism Alliance of Metrowest on the tenth anniversary of their annual Kite Day”; and
Resolutions (filed by Mr. Tisei) “honoring Marcia S. Saltmarsh for her many years of service to the Massachusetts Republican Party.”

PAPERS FROM THE HOUSE
Emergency Preambles Adopted.

An engrossed Bill designating a certain road in the town of Salisbury as the Army Sergeant Jordan Michael Shay Memorial Drive (see House, No. 4412, amended), having been certified by the Senate Clerk to be rightly and truly prepared for final passage and containing an emergency preamble,-- was laid before the Senate; and, a separate vote being taken in accordance with the requirements of Article LXVII of the Amendments to the Constitution, the preamble was adopted in concurrence, by a vote of 4 to 0.
The bill was signed by the President and sent to the House for enactment.

An engrossed Bill establishing a sick leave bank for Judith R. Abraham, an employee of the Department of Developmental Services (see House, No. 4574, amended), having been certified by the Senate Clerk to be rightly and truly prepared for final passage and containing an emergency preamble,-- was laid before the Senate; and, a separate vote being taken in accordance with the requirements of Article LXVII of the Amendments to the Constitution, the preamble was adopted in concurrence, by a vote of 5 to 0.
The bill was signed by the President and sent to the House for enactment.

Engrossed Bill.

An engrossed Bill authorizing the appointment of retired police officers as special police officers in the town of Norwood (see House, No. 1917) (which originated in the House), having been certified by the Senate Clerk to be rightly and truly prepared for final passage, was passed to be enacted and signed by the President and laid before the Governor for his approbation.

Engrossed Resolve.

An engrossed Resolve providing for an investigation and study by a special commission relative to autism (see House, No. 4382, amended) (which originated in the House), having been certified by the Senate Clerk to be rightly and truly prepared for final passage, was passed and signed by the President and laid before the Governor for his approbation.

Orders of the Day.

The Orders of the Day were considered, as follows:

The Senate Bill authorizing a certain question relative to a charter revision in the town of Palmer to be placed on the state election ballot (Senate, No. 2352),-- was read a second time and ordered to a third reading.

Bills

Providing for the continued medical care and treatment of Ellen E. Englehardt, a state trooper injured in the line of duty (Senate, No. 1142); and
Authorizing the town of Milton to provide certain accidental disability retirement and medical benefits to Antonio Pickens (Senate, No. 2044) (its title having been changed by the committee on Bills in the Third Reading);
Were severally read a third time and passed to be engrossed.
Severally sent to the House for concurrence.

The Senate Bill authorizing the payment of worker’s compensation for scar-based injuries (Senate, No. 681) (its title having been changed by the committee on Bills in the Third Reading),-- was read third time and, after remarks, was passed to be engrossed.
Sent to the House for concurrence.

The Senate Bill authorizing certain development in the Fort Point Channel in the city of Boston (Senate, No. 2376),-- was read third time and, after remarks, was passed to be engrossed.
Sent to the House for concurrence.

The Senate Bill to establish employment leave and safety remedies to victims of domestic violence, stalking and sexual assault (Senate, No. 2382),-- was read a third time.
Pending the question on passing the bill to be engrossed, Ms. Candaras moved that the bill be laid on the table; and, in accordance with the provisions of Senate Rule 24, the consideration of the motion to lay on the table was postponed, without question, until the next session.

The Senate Bill relative to pension governance reform (Senate, No. 2377),-- was read a third time.

Mr. Rosenberg in the Chair, pending the question on passing the bill to be engrossed, after debate, Mr. Tarr moved that the bill be amended in section 20,
by striking out the last sentence of paragraph (1) of subsection (b) of proposed section 19A of chapter 34B of the General Laws and inserting in place thereof the following sentence:- “If the first member is not elected within 30 days of the expiration of the previous term, or in the event of any earlier vacancy in this office, the public employee retirement administration commission shall appoint the first member”; and

In section 20, by striking out subsection (h) of proposed section 19A of chapter 34B of the General Laws and inserting in place thereof the following subsection:-

“(h) There shall be an Essex regional retirement board advisory council which shall consist of all the full-time treasurers, elected or appointed, of each city, town, unit or district in the Essex regional retirement system. If a city, town, unit or district does not employ a full-time treasurer, the highest ranking, full-time executive employee shall be a member of the Essex regional retirement board advisory council. The members of the advisory council shall elect a chair from among the mem¬bers. The council shall meet twice annually and at the call of the chair. The council shall supervise and certify the procedures involved in the election of members to the retirement board, as provided in subsections (b) and (i). Upon approval by votes of the retirement board and the council, the actuary shall be furnished with an estimate of the expenses and costs of administration of the system for the ensuing year. The actuary shall annually, not later than December 15, specify by written notice to the council and the board the amounts required to be paid from the Pension Fund, the Annuity Reserve Fund, the Special Fund for Military Service Credit and the Expense Fund, as provided in subdivi¬sion (7) of section 22 of chapter 32. The regional retirement board advisory council, at a meeting specifically called for the purpose, shall elect 1 of its members, who shall be a member in service in the retirement system, as a member of the regional retirement board at the expiration of the current member's term, as provided in paragraph (2) of subsection (b)”.
The amendment was adopted.

Mr. Tarr and Ms. Creem moved that the bill be amended in section 4, by striking out, in line 18, the figure “2010” and inserting in place thereof the following figure:- “2011”; by striking out section 5; in section 6, by striking out, in line 54, the words “February 1” and inserting in place thereof the words:- “March 31”; in section 15, by striking out, in line 562, the figure “2010” and inserting in place thereof the following figure:- “2011”; and, in section 25, by striking out, in line 803, the figure “2010” and inserting in place thereof the following figure:- “2011”.
The amendment was adopted.
The bill (Senate, No. 2377, amended) was then passed to be engrossed
Sent to the House for concurrence.

The Senate Bill further regulating workers’ compensation insurance (Senate, No. 2375),-- was read a third time.
Pending the question on passing the bill to be engrossed, Mr. Panagiotakos presented an amendment in section 1, in proposed subsection (11), by striking out the second paragraph.
After remarks, the amendment was adopted.
After further remarks, the bill (Senate, No. 2375, amended) was passed to be engrossed.
Sent to the House for concurrence.

The Senate Bill relative to parental leave (Senate, No. 2381),-- was read a third time.
After remarks, the question on passing the bill to be engrossed was determined by a call of the yeas and nays, at twenty-two minutes past three o’clock P.M., on motion of Mr. Joyce, as follows, to wit (yeas 35 – nays 0) [Yeas and Nays No. 222]

INSERT ROLL CALL “222”

The yeas and nays having been completed at twenty-six minutes past three o’clock P.M., the bill was passed to be engrossed.
Sent to the House for concurrence.

The Senate Bill relative to assault and battery on health care providers (Senate, No. 2383),-- was read a third time.
After remarks, the question on passing the bill to be engrossed was determined by a call of the yeas and nays, at twenty-eight minutes past three o’clock P.M., on motion of Ms. Flanagan, as follows, to wit (yeas 35 – nays 0) [Yeas and Nays No. 223]:

INSERT ROLL CALL “223”

The yeas and nays having been completed at twenty-eight minutes before four o’clock P.M., the bill was passed to be engrossed.
Sent to the House for concurrence.

PAPER FROM THE HOUSE.
Engrossed Bill—Land Taking for Conservation Etc.

An engrossed Bill relative to an extension of a lease by the city known as the town of Watertown for the Watertown Boys and Girls Club (see House, No. 4504) (which originated in the House), having been certified by the Senate Clerk to be rightly and truly prepared for final passage,-- was put upon its final passage; and, this being a bill providing for the taking of land or other easements used for conservation purposes, etc., as defined by Article XCVII of the Amendments to the Constitution, the question on passing it to be enacted was determined by a call of the yeas and nays, at twenty-seven minutes before four o’clock P.M., as follows, to wit (yeas 35 - nays 0) [Yeas and Nays No. 224]:

INSERT ROLL CALL [224]

The yeas and nays having been completed at twenty-five minutes before four o’clock P.M., the bill was passed to be enacted, two thirds of the members present having agreed to pass the same, and it was signed by the Acting President (Mr. Rosenberg) (having been appointed by the President, under authority conferred by Senate Rule 4, to perform the duties of the Chair) and laid before the Governor for his approbation.

Taken Out of the Notice Section of the Calendar.

There being no objection, the following matter was taken out of the Notice Section of the Calendar and considered as follows:

The House Bill relative to the conveyance of certain conservation land in the town of Sharon (House, No. 4468) (its title having been changed by the committee on Bills in the Third Reading),-- was read a third time and passed to be engrossed, in concurrence.

Report of a Committee.

Mr. Berry, for the committee on Ethics and Rules, reported that the following matter be placed in the Orders of the Day:

The House Bill designating a certain intersection in the town of Stoughton as the Police Chief William F. Gross and Ann M. Gross Intersection (House, No. 4370).
There being no objection, the rules were suspended, on motion of Mr. Brewer, and the bill was read a second time, ordered to a third reading, read a third time and passed to be engrossed, in concurrence.

PAPER FROM THE HOUSE.

The Senate Bill relative to kayaks (Senate, No. 974, amended),— came from the House passed to be engrossed, in concurrence, with an amendment striking out all after the enacting clause and inserting in place thereof the following:

“SECTION 1. Section 1 of chapter 90B of the General Laws, as appearing in the 2008 Official Edition, is hereby amended by inserting after the definition of ‘Jet skis’ the following definition:-
‘Kayak’, a lightweight boat that is covered, except for a single or double opening in the center thereof, and is propelled by a paddle.

SECTION 2. Said chapter 90B, as so appearing, is hereby further amended by inserting after section 13A the following section:-

Section 13B. Anyone who holds himself out as a kayak instructor for hire shall obtain and maintain:

(i) first aid training approved by the department of public health;
(ii) cardiopulmonary resuscitation training approved by the department of public health; and
(iii) kayak instructor certification from the American Canoe Association, an American Red Cross certification in small craft safety and basic water rescue, or equivalent water training.

The instructor shall train students on the safety procedures appropriate to the level of paddling difficulty. Wet exit training, which is defined as the practice of escaping from a kayak while capsized in a controlled water setting, shall be required of beginners or novice level only if a “spray skirt” is attached during any part of the kayak instructional session.

A liability release that limits an instructor’s responsibility to comply with this section shall be void.” (as corrected BTR).
On motion of Mr. Tolman, the Senate insisted on its amendment and asked for a committee of conference on the disagreeing votes of the two branches; and Senators O’Leary, Timilty and Hedlund were appointed to the committee on the part of the Senate.
The bill was returned to the House endorsed accordingly.

Report of Committees.

By Mr. Berry, for the committees on Rules of the two branches, acting concurrently, that Joint Rule 12 be suspended on the Senate petition of Maria Walzer for legislation to require the instruction on the Ukranian Genocide in the public schools of the Commonwealth;
The rules were suspended, on motion of Mr. Timilty, and the report was considered forthwith. Joint Rule 12 was suspended; and the petition (accompanied by bill) was referred to the committee on Education.

By Mr. Berry, for the committees on Rules of the two branches, acting concurrently, that Joint Rule 12 be suspended on the Senate petition of Jim Pillsbury for legislation to regulate the cultivation of industrial hemp;
The rules were suspended, on motion of Mr. Timilty, and the report was considered forthwith. Joint Rule 12 was suspended; and the petition (accompanied by bill) was referred to the committee on Environment, Natural Resources and Agriculture.
Severally sent to the House for concurrence.

PAPER FROM THE HOUSE

A petition (accompanied by bill, House, No. 4620) of Elizabeth Poirier and others that the county commissioners and the sheriffs for the various counties institute a schedule of fees and assess fees to inmates in their custody,-- was referred, in concurrence, under suspension of Joint Rule 12, to the committee on the Judiciary.

Order Adopted.

On motion of Ms. Chang-Diaz,--

Ordered, That when the Senate adjourns today, it adjourn to meet again on Thursday next at eleven o’clock A.M., and that the Clerk be directed to dispense with the printing of a calendar.

Adjournment in Memory of Arthur Edgar Wills

The Senator from Plymouth and Barnstable, Ms. Murray, requested that when the Senate adjourns today, it adjourn in memory of Bourne resident, Arthur Edgar Wills, who passed away on Friday, March 19, 2010.

Born on July 16, 1922 in Boston, Arthur Edgar Wills was the son of the late Raymond G. and Daisy (Schofield) Wills. Mr. Wills was an U.S. Army veteran of World War II, and served with the rank of Sergeant in Company F of the 407th Infantry Regiment. As a light machine gunner, he served active duty in both the Rhineland and Central Europe. For his exemplary service and courageous achievements he received several medals of Honor and awards including the Bronze Star, Good Conduct Medal, Victory Medal, European African Middle Eastern Theater Campaign Ribbon, and American Theater Campaign Ribbon.

Returning to civilian life, Mr. Wills began his career at the U.S. Army Corp of Engineers in 1941 as an Assistant Messenger in the Boston District. He retired in 1980, after 38 years of dedicated service as an Administrative Officer at the Cape Cod Canal field office. He remained active in his community following his retirement, participating and holding leadership positions in many organizations including the Local Chapter of the National Association of Retired Federal Employees, and the Local Chapter of the AARP, serving as Chairman of the Bourne Council on Aging, treasurer for the Friends of the Bourne Council on Aging, and as the appointed Commissioner of the Bourne Housing Authority. Active in St. Margaret’s Church in Buzzards Bay, Mr. Wills was also a member of the Boy Scouts, the Knights of Columbus, and the St. Vincent DePaul Society.

Married for 45 years to the late Catherine Louise (Hutchins) Wills, Mr. Wills is survived by his brother Warren Wills of Nantucket and his children; Marcia Wills of Buzzards Bay, Teresa Ward of St. Paul, Neb., and Stephen Wills of Buzzards Bay. Mr. Willis had five grandchildren and four great-grandchildren.
Our hearts and prayers are with the family of Arthur Edgar Wills.

Accordingly, as a mark of respect to the memory of Arthur Edgar Wills at seventeen minutes before four o’clock P.M., on motion of Mr. Tarr, the Senate adjourned to meet again on Tuesday next at eleven o’clock A.M.